The Supreme Court on Thursday directed the Manipur High Court to decide whether elected gram panchayat members, whose five-year terms have ended, are entitled to continue in office after the appointment of an administrative committee or administrator.
A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized the importance of obtaining the High Court’s perspective on the matter and set a three-month deadline for adjudicating the legal issue.
"The core question is whether elected gram panchayat members, whose tenure has expired, can continue in their roles following the appointment of an administrative body under Section 22 of the Manipur Panchayati Raj Act, 1994," the bench observed.
The state government informed the court that panchayat elections could not be held due to ongoing violence in Manipur.
“In view of the circumstances, and considering the issue is pending before the High Court, we dispose of the special leave petition without expressing any opinion on merits,” the court stated. It further requested the Chief Justice of the Manipur High Court to list the matter before a division bench at the earliest, aiming for resolution within three months.
The bench noted that an amendment to the Manipur Panchayati Raj Act replaced the word “cease” with “continue” in the relevant provision, which the petitioners have relied upon to claim an extended tenure.
The petitioners—elected during the 2017 gram panchayat and zilla parishad polls—argued that since fresh elections were delayed, they should continue in office under the amended Section 22(3) of the Act.
As per Section 22, the Deputy Commissioner can appoint an administrative committee or administrator for a six-month period to oversee elections. Sub-section (3) previously stated that once such an appointment is made, the tenure of the earlier elected members “shall cease,” but the amended version substitutes “cease” with “continue.”
The apex court clarified that it was dealing with an interlocutory order and not the main petition still pending before the High Court.
Earlier, in an interim order dated February 29 last year, the High Court had granted liberty to the Manipur government to constitute administrative committees for each gram panchayat and zilla parishad as per the Act.
The petitioners have sought to remain in office until the State Election Commission announces the next general elections for these local bodies.
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